These General Terms and Conditions apply to the purchase contract for products offered in the Vorwerk Online Shop Switzerland and govern the legal relationship between Vorwerk Schweiz AG (Pilatusstrasse 29, 6036 Dierikon, LU, Switzerland) (hereinafter "Vorwerk Schweiz") and the buyer (hereinafter "Customer").
Delivery Conditions
Vorwerk Schweiz delivers exclusively within Switzerland. Delivery is considered completed upon handing over the shipment to the parcel and mail service provider.
The delivery time is 14 calendar days. In the event that a delivery deadline cannot be met, the Customer has the right, starting from the 30th calendar day after the originally agreed delivery date, to set a grace period for Vorwerk Schweiz and to withdraw from the contract if this deadline is not met. Further claims against Vorwerk Schweiz are excluded.
Warranty
For defects in products used privately, the statutory warranty period of 2 years applies. For products not intended for personal or family use but used commercially and/or if the billing address is a company address, the statutory warranty is reduced to 6 months.
The warranty period begins upon delivery to the Customer.
Vorwerk Schweiz may fulfill the warranty at its discretion by repair or replacement of the product. Other legal options for fulfilling the warranty are excluded. In particular, the Customer has no right to withdraw from the contract or to a refund of the purchase price.
If the warranty is fulfilled by repairing the product, the warranty period for the replaced parts is 2 years (6 months for commercial use). The warranty period for the parts not replaced continues unaffected.
If the warranty is fulfilled by exchanging the product, the warranty period for the new product is 2 years (6 months for commercial use).
Work not performed by Vorwerk Schweiz or persons authorized by it, as well as malfunctions or defects in the device itself or in additional and operating parts caused by user fault, in particular user errors, improper handling, or external influences such as power outages, lightning, water ingress, frost, or transport of the device, are not covered by the warranty or warranty extension.
Warranty Extension
If the Customer extends the warranty with a guarantee, the same conditions apply during the guarantee period as during the statutory warranty according to these GTC. Unlike the statutory warranty, however, the guarantee ends in any case upon expiration of the agreed duration at the time of conclusion, in particular it is not extended by services provided by Vorwerk Schweiz.
Inspection Obligation and Notification of Defects
The Customer must inspect the delivered product within 5 working days and immediately notify Vorwerk Schweiz in writing of any defects. Failure to do so shall be deemed acceptance of the product. In the case of freight deliveries, any delivery damage must be noted on the delivery note. If defects are discovered later, written notification must be made within 5 days of discovery; otherwise, the product is also deemed accepted with regard to these defects.
Limitation of Liability
Liability is governed by the applicable statutory provisions. However, Vorwerk Schweiz shall not be liable in any case for slight negligence, indirect and consequential damages, loss of profit, unrealized savings, damages from delivery delays, as well as any actions and omissions of persons associated with Vorwerk Schweiz, whether contractual or non-contractual (employees, agents, and representatives of Vorwerk Schweiz).
Furthermore, Vorwerk Schweiz rejects liability in the following cases:
improper, non-contractual, or unlawful storage, adjustment, or use of the products;
use of incompatible replacement or accessory parts;
neglected maintenance and/or improper alteration or repair of the products by the Customer or a third party;
force majeure, in particular natural disasters, moisture, impact and shock damage, etc., which are not attributable to Vorwerk Schweiz, and official orders;
The limitations of liability under the section "Limitation of Liability" also apply accordingly in favor of the employees, agents, and representatives of Vorwerk Schweiz.
Conclusion of Contract
The products and prices in the online shop do not constitute a legally binding offer. By clicking the "Submit Order" button, the Customer makes a legally binding offer to purchase. Acceptance of the offer is made by Vorwerk Schweiz with the subsequent explicit acceptance by email. The contract only becomes effective when Vorwerk Schweiz accepts the offer.
Vorwerk Schweiz sells exclusively to end consumers. The Customer is not permitted to resell the goods commercially. Orders in quantities not typical for household use may be rejected without explanation.
Withdrawal from the purchase contract is excluded.
Oral Agreements
Only the conditions set forth in the original purchase contract in writing are considered validly agreed upon by Vorwerk Schweiz and the Customer. Oral agreements are not recognized.
Assignment
Vorwerk Schweiz may assign its claims arising from the purchase contract to third parties (hereinafter successors).
Payment Methods and Payment Terms
The Customer has various payment methods available.
Purchase on account (including installment payments) is processed by CembraPay AG. The terms and conditions and privacy policy of CembraPay AG apply.
Installment purchases are processed by HeyLight AG. The General Terms and Conditions ("GTC") and privacy policies of HeyLight AG apply.
If the Customer chooses prepayment as the payment method, delivery will only occur after receipt of payment.
Default in Payment
If the Customer does not fulfill or only partially fulfills their payment obligations to Vorwerk Schweiz, Vorwerk Schweiz may immediately suspend delivery of products to the Customer.
If the Customer chooses prepayment, the advance invoice must be paid within 10 days of receipt of the invoice. Vorwerk Schweiz charges a handling fee of CHF 20 for the 3rd reminder. If the Customer does not comply with the 3rd reminder, the purchase will be canceled by Vorwerk Schweiz.
Severability
If individual provisions of these GTC are invalid or ineffective, this shall have no effect on the validity of the remaining provisions and these GTC as a whole.
Applicable Law and Jurisdiction
Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods CISG) applies to all disputes arising from or in connection with this purchase contract, including disputes about its formation, validity, amendment, or termination. For all disputes, the ordinary courts at the registered office of Vorwerk Schweiz have exclusive jurisdiction. Mandatory statutory jurisdiction provisions remain reserved.